n South African Journal of Criminal Justice - The duty of recusal : comment

Abstract

This is a discussion of the principles regarding the recusal of judicial officers in the context of the case of Moolla v Director of Public Prosecutions and others (30653/2010) [2012] ZAGP JHC 94, (23 March 2012). This case highlights a number of controversial aspects regarding recusal applications, including the procedures to be followed regarding the ascertainment and evaluation of factual evidence and how one is to conceive of the notional reasonable person for the purposes of establishing whether sufficient grounds for recusal are established. It also raises issues relating to the relationship between the attorney and client.